Reference no: EM13981349

1. The McClungs own Ollie's Barbecue, a restaurant located a few blocks from the interstate highway in Birmingham, Alabama, with dining accommodations for whites only and a take-out service for blacks. In the year preceding the passage of the Civil Rights Act of 1964, the restaurant had purchased a substantial portion of the food it served from outside the state. The restaurant has refused to serve blacks since its original opening in 1927 and asserts that if it were required to serve blacks it would lose much of its business. The McClungs sought a declaratory judgment to render unconstitutional the application of the Civil Rights Act to their restaurant because their admitted racial discrimination did not restrict or significantly impede interstate commerce. What should the decision be?

2. Miss Horowitz was admitted as an advanced medical student at the University of Missouri-Kansas City. During her first year, several faculty members expressed dissatisfaction with Miss Horowitz's clinical performance, noting that it was below that of her peers, that she was erratic in attendance at her clinical sessions, and that she lacked a critical concern for personal hygiene. Upon the recommendation of the school's Council on Evaluation, she was advanced to her second and final year on a probationary basis. After subsequent unfavorable reviews during her second year and a negative evaluation of her performance by seven practicing physicians, the council recommended that Miss Horowitz be dismissed from the school for her failure to meet academic standards. The decision was approved by the dean and later affirmed by the provost after an appeal by Miss Horowitz. She brought suit against the school's Board of Curators, claiming that her dismissal violated her right to procedural due process under the Fourteenth Amendment and deprived her of "liberty" by substantially impairing her opportunities to continue her medical education or to return to employment in a medically related field. The trial court found for the defendant, but the appellate court reversed. The Board of Curators appealed. Is her claim correct? Explain?

3. The Public Service Commission of State X issued a regulation completely banning all advertising that "promotes the use of electricity" by any electric utility company in State X. The commission issued the order to conserve energy. Central Electric Corporation of State X challenges the order in the State courts, arguing that the commission has restrained commercial speech in violation of the First Amendment. Was their freedom of speech unconstitutionally infringed? Explain.

(A1) Identify with specificity the legal issue the fact pattern presents. Place the legal issue in bold.

(A2) Identify with specificity the party that should prevail.

(A3) Provide your explanation.